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Town Board
Monday, March 14 2011
TIME: 7:30 p.m.
LOCATION: at the Taycheedah Town Hall
Monthly Meeting

AGENDA

Call to order.
Pledge of Allegiance.
Approval of meeting minutes.
Committee Reports.
Road Supervisor’s Report.
Review financial reports.
Approval of town bills.

Unfinished Business
1. Discuss the condemnation order issued against the structure known as Fisherman’s Cove (Extension of the deadline for the owner(s) to present a plan to the Town Board expired March 12th).
2. Discuss Johnsburg Road reconstruction project.

New Business
1. Review and possible approval of the stormwater annual report required by the Town’s MS4 Permit issued by the DNR.
2. Discuss implementing a Public Works Mutual Assistance Agreement.
3. Discuss the impact of Gov. Walker’s proposed Budget Repair Bill and 2011-2013 State Biennial Budget.
4. Certified Survey Maps.

Ordinance Enforcement
1. Nuisance complaint:
a. W4820 Main Street-alleged extended use of a camper.
2. Pushing snow onto or across roadways/depositing snow within the road rights-of-way.

Public comments and questions pertaining to town business

Adjournment

Brenda A. Schneider, Clerk


Please note, upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For additional information or to request this service, please contact Brenda Schneider at 921-5224.


MINUTES

The Town Board of the Town of Taycheedah met on Monday, March 14th, 2011, at 7:30 p.m., at the Town Hall, for the purpose of conducting their March monthly meeting. Members present were Chairman Jerry Guelig, Supervisors Clarence Kraus, Jim Rosenthal II, Tim Simon and Mike Wirtz, Clerk Brenda Schneider and Treasurer Kathy Diederich. Also present were Constable Bill Gius and Road Maintenance Supervisor Mike Sabel.

Chairman Guelig called the meeting to order at 7:30 pm. The Pledge of Allegiance was cited.

Mike Wirtz motioned to approve the minutes of the 2/14/11 meeting, seconded by Jerry Guelig. Motion carried (5-0).

Committee Reports:
Park & Rec.-None given.

Road Maintenance Supervisor Report:
Mike Sabel, Road Supervisor, provided a report:
• Plowing snow.
• Maintaining equipment.
• Shop clean-up.

There is approximately 20 tons of sand/salt left in the old salt shed.

Review the financial reports:
Treasurer Kathy Diederich reviewed the financial reports with the Board.

Approval of Town bills:
Jerry Guelig motioned to approve the bills as presented (order nos. 111-168), seconded by Tim Simon. Motion carried (5-0).

Unfinished Business:
#1 Discuss the condemnation order issued against the structure known as Fisherman’s Cove (Extension of the deadline for the owner(s) to present a plan to the Town Board expired March 12th). On September 10, 2009, the Town Board granted a 12-month extension to the raze order issued for the Fisherman’s Cove.
Attorney John St. Peter opined in a letter, dated August 2, 2010, that due to a 2006 change in State law pertaining to the 50% rule applied to non-conforming structures that were destroyed by violent wind, vandalism, fire, flood, ice, snow, mold or infestation; the owner must be allowed to restore the structure to the size and use immediately before damage or destruction and expand it if it is necessary to meet applicable State or federal building requirements. Bryan Perl and Thad Paul were instructed during the August 9th, 2010, meeting to return to the September 13th meeting prepared to present their plans for the structure. Messrs Perl and Paul failed to appear at the September and October meetings.
The extension of the raze order expired September 10th, 2010. Attorney John St. Peter sent a letter (dated 11/1/10) to the owners informing them that they must inform the Board of their decision within 30 days. Supervisor Simon objected to portions of the wording used in the letter. He wanted the letter re-written and re-sent. No action was taken by the Board regarding sending a revised letter.
Mr. Perl’s attorney, Patrick A Dewane, Jr., submitted a letter to the Town’s attorney, dated December 6, 2010, stating that Mr. Perl has commenced litigation against the insurance company. The letter states that the insurance company has offered only a fraction of the cost of rebuilding.
Based upon the communication from Mr. Perl’s attorney, Attorney John St. Peter recommended a 90-day extension of the deadline stated in the Town’s 11/1/10 letter to Mr. Perl. On December 13th, 2010, the Board granted a 90-day extension, pursuant to Attorney St. Peter’s recommendation, with the stipulation the Town Board receives communication regarding any action or decisions entered into by the Court.

March 14th, 2011 Town Board 2.
Monthly Meeting

Mr. Perl informed the Board that the lawsuit has been settled. The Court determined that he would not receive additional money for his claim. The total he received was $123,000.00. Mr. Perl was directed to instruct his attorney to send a letter to Attorney John St. Peter regarding the Court’s action and to also delineate his plans by the April 11th meeting.
#2 Discuss Johnsburg Road reconstruction project. Staff is under the impression that the Calumet Town Board may be considering postponement of the project until 2012.
Chairman Guelig informed the Board that the Fond du Lac County Highway Department Engineer contacted him. The Engineer highly recommends straightening the road by removing as much of the escarpment as possible.
Chairman Guelig will contact Bruce Peterson, Chairman, Town of Calumet.

New Business:
#1 Review and possible approval of the stormwater annual report required by the Town’s MS4 Permit issued by the DNR. Jerry Guelig motioned to approve the Annual Report, seconded by Mike Wirtz. Motion carried (5-0).
#2 Discuss implementing a Public Works Mutual Assistance Agreement. Jerry Guelig motioned to pursue implementing a Mutual Assistance Agreement, seconded by Jim Rosenthal. Motion carried (5-0).
#3 Discuss the impact of Gov. Walker’s proposed Budget Repair Bill and 2011-2013 State Biennial Budget. The Budget Repair Bill provides no financial relief for the Town due to the fact that the Town does not participate in the Wisconsin Retirement System, does not provide health insurance for any employees and does not have unionized employees.
The Biennial Budget proposes to eliminate the Recycling Grant (estimated $10,000.00), reduce Shared Revenue by 50% ($30,331.00) and reduce Transportation Aid by an estimated 15% ($23,238.00). Total impact is estimated to be $63,569.00.
The Board consensus was to continue curb-side recycling pick-up; which was estimated to cost each residential unit an additional $6.00 per year.
The Town’s current contract with Waste Management expires 12/31/11.
#4 Certified Survey Maps. A Certified Survey Map was submitted on behalf of David A. Simon, creating Lot 1 consisting of .687 acres, located in the NW ¼ of the NE ¼ of Section 12. Jerry Guelig motioned to approve the CSM, seconded by Tim Simon. Motion carried (5-0).

Ordinance Enforcement:
#1 Nuisance complaint:
a. W4820 Main Street-alleged extended use of a camper. A neighbor filed a complaint regarding the extended use of a camper parked between the home and the street. Chairman Guelig spoke with the owner’s daughter. He will follow-up with the owner and will also check on the status of debris.
#2 Pushing snow onto or across roadways/depositing snow within the road rights-of-way. Staff requested a directive from the Town Board as to how to handle the problem. Board consensus was to issue one warning letter. If the activity continues the practice after the warning, the matter will be handed over to the Fond du Lac County Sheriff’s Department.
Since the February 14th Town Board meeting, warning letters were sent to 45 property owners.
Three of the recipients were in attendance.
Mrs. Patricia Birschbach acknowledged being informed in the past to not push snow across the road. She stated that the plow-driver left a 5-foot bank across their driveway and that they had to push it across the road in order to clear the driveway. She also alleged it is illegal for the plow-driver to turn around in their driveway. She accused the Town of not using common courtesy.
Lori Lisowe indicated that because the Town does not plow their road in a timely manner so that her husband can leave for work at 3 a.m.; they’ve had to plow the snow across the road.
Mike Holzman commented that he is a County worker and needed to get out in order to go to work.
Joan Simon commented regarding the possibility of raising the plow blade 2” so that the stones from the shoulder do not end up in the ditch.

March 14th, 2011 Town Board 3.
Monthly Meeting

Supervisor Kraus questioned who decided the letters needed to be mailed certified. The letters were mailed certified per the advice of the Fond du Lac County Sheriff’s Department.
Supervisor Wirtz informed the group that as a plow-driver, he has had to deal with approximately 75% of the properties receiving the warning letter. Over the years, he has personally spoken to most of them. A high percentage of those he spoke to have complied and a few have refused. He noted that it takes 45-60 minutes more per run of his route to deal with the snow deposits left by property owners on the roadway or in the ditches. He noted that the issue needs to be treated with consistency; if one person does it and gets a warning letter then all those doing it need to receive the warning letter.
The individuals were told that snow can be carried across the right-of-way and deposited beyond the right-of-way and that it is allowable to push snow back at both sides of their mailbox.
Chairman Guelig commended the snowplowing staff for their work.

Public Comments and Questions Pertaining to Town Business:
The Board asked Mike Holzman how the County handles the depositing of snow in the right-of-way by residents. Mr. Holzman responded that the County did not send any letters this year.
Supervisor Rosenthal was then asked how the City handles the problem. He responded that the City sends a police officer to the home immediately. A citation is then automatically issued for the second occurrence.

Adjournment:
Jerry Guelig moved to adjourn the meeting at 8:58 p.m., seconded by Jim Rosenthal. Motion carried (5-0).



Attest. ______________________________________
Brenda A. Schneider
Clerk




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